HomeMy WebLinkAboutEasements - 9/12/2011, Resolution 11-57, Slope Easement Acquistiion Agreement between TOV & Frank & Sherry Greth RF.ecorded By: RECORDER of PI 1111111111131111111111111111111111311111111111111IIII IIII
DEPUTY RECORDER ti �
7 p SEQUENCE: 20112560126
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1951 � ,...9 �{�` d NO. PAGES: 21
SOROV � u 1 �y RES 09/13/2011
TOWN OF ORO VALLEY N� ��
11000 N LA CANADA RIZOt13:43
MAIL
ORO VALLEY AZ 85737 AMOUNT PAID: $16.00
RESOLUTION NO. (R) 11-57
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND
APPROVING A SLOPE EASEMENT ACQUISITION
AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND
FRANK AND SHERRY GRETH FOR A PORTION OF PARCEL
224-27-2890 FOR THE LAMBERT LANE PROJECT BETWEEN
LA CANADA DRIVE AND PUSCH VIEW LANE
WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona
vested with all associated rights, privileges and benefits and is entitled to the immunities
and exemptions granted municipalities and political subdivisions under the Constitution
and laws of the State of Arizona and the United States; and
WHEREAS, pursuant to A.R.S. § 9-276, the Town is authorized to lay out, maintain,
control and manage public roads within its jurisdictional boundaries; and
WHEREAS, Frank and Sherry Greth ("Owner") own real property located at 10400 N.
Pecan Place, Oro Valley, Arizona 85737, Parcel Number 224-27-2890; and
WHEREAS, the Town requires a slope easement outside the right-of-way on the
Owner's property for the Lambert Lane Project, OV 30 99/00 07, between La Canada
Drive and Pusch View Lane; and
WHEREAS, the Town and Owner desire to enter into an Easement Acquisition
Agreement in order to set forth the terms and conditions of the Agreement; and
WHEREAS, it is in the best interest of the Town to approve the Easement Acquisition
Agreement between the Town and the Owner to allow the Town legal access for the
Lambert Lane Project.
NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Town of
Oro Valley that Easement Acquisition Agreement between the Town of Oro Valley and
Frank and Sherry Greth, attached hereto as Exhibit "A"
and incorporated herein by this reference, is hereby authorized and approved.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona this 7th day of September, 2011.
TOWN OF ORO VALLEY
7 ,4,. ,,,/
Dr. Satish I. Hiremath Mayor
ATTEST: - APPROVED AS TO FORM:
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Ju4He K. Bower, Town Clerk
Tobin Rosen, Town Attorney
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Lexicon agendaquick.PacketPrueterAGENDA',TC`Item07_L_Att1_Reso 11-57 doe Town of Oro Valley Attorney's Office.ca.'081011
EXHIBIT "A'
'Lexicon•agendaquick,PacketPrintcr,AGENDA'•,TC',Itcm07_L_Attl_Reso 11-57.doc Town of Oro Valley Attorney's Offce/ca'081011
Print Form
TOWN OF ORO VALLEY
EASEMENT ACQUISITION AGREEMENT
This Easement Acquisition Agreement ("Agreement") is made h and between
Frank and Sherry Greth
(the
"Owner"), and The Town of Oro Valley, a political subdivision of the State of Arizona (the
"Town").
1. Property. The Owner is the owner of a parcel of property within Oro Valley located at
Parcel#224-27-2890
(the
"Owner's Property") as described in Exhibit "A", including all improvements located
thereon.
2. Easement Title. The Town has determined the need to acquire an easement on, over,
under and through the Owner's Property. In lieu of court proceedings and further to its
power of eminent domain,the Town agrees to acquire a Slope
Easement to the Property for Six Thousand Nine Hundred Ninety Nine Dollars
($6,999.00 ). The Slope Easement transferring said
easement from Owner to the Town shall be in substantial conformance with the
Slope Easement form attached hereto as Exhibit "B".
3, Slope Easement. The Owner shall convey to the Town the Property,
free and clear of all liens and encumbrances and subject only to those matters identified
in the Title Report, attached hereto as Exhibit "C".
4. Forms. Any and all other closing documents shall be done on forms to be provided by
the Town's title company of choice,
5. Title Search. In the event the title to the Property cannot be cleared to the satisfaction of
the Town pursuant to a title search, this agreement shall be void.
6. Security Interest. Monies payable under this Agreement may be due to holders (the
"Lienholders") of certain notes secured by mortgages or deeds of trusts, up to and
including the total amount of unpaid principal, interest and penalty on the notes, if any,
and shall, upon demand by the Lienholders, be paid to the Lienholders. Owner shall
obtain from the Lienholders releases for any fee transfer for the Property.
7. Waiver. Owner accepts Six Thousand Nine Hundred Ninety Nine Dollars
($6,999.00 ) as full and final payment for all damages resulting from the
project. The Owner hereby agrees to release any and all civil and criminal claims that
may exist now or in the future against the Town, its officers, agents or employees, their
heirs or assigns arising out of the Town's ownership of the Slope
- 2f:
Easement This waiver is for valuable consideration, given freely and covers any and all
claims not onl. for Owner. but also for Owner's heirs and assigns.
8. Closing. Closing shall be on or before the 30th day after the date of execution of
this Agreement.
9. Environmental Representations. Owner hereby represents and warrants that. to the
best of Owner's know ledge. no pollutants, contaminants, toxic or hazardous substances.
wastes or materials have been stored. used or are located on the Property or within any
surface or subsurface waters thereof; that no underground tanks have been located on the
Property: that the Property is in compliance with all Federal. State and local
environmental laws, regulations and ordinances: and that no legal action of any kind has
been commenced or threatened with respect to the Property.
10. Environmental Indemnification. The Town and the Owner agree that neither party is
assuming any obligation of the other party relating to any potential liability, if any,
arising from the environmental condition of the Property. and each party shall remain
responsible for its obligations as set forth by law.
11. Environmental Inspection Rights. Owner shall permit Town to conduct such
inspections of the Property as the Town deems necessary to determine the environmental
condition of the Property. If the investigations reveal the presence of contamination or
the need to conduct environmental clean up, Owner shall conduct the clean up of the
Property adequate to bring the Property into compliance prior to closing or the Town may
terminate this Agreement. If environmental inspection reveals possible contamination,
the parties hereby mutually agree to extend date of closing for a reasonable time for
Owner to complete environmental clean up.
1 2. No Leases. Owner warrants that there are no oral or written leases on an> portion of the
Property.
13. Closing Costs. Expenses incidental to transfer the Slope Easement,
including title reports, recording fees, escrow fees, releases and Owners Title Insurance
Polio., shall be paid 100%by Town.
14. Right of Entry. The Owner hereby grants to Town, its agents and contractors a right-of-
entry to the Property upon execution of this Agreement for the purposes of
Construction of Slope improvements located therein.
15. No Sale. Owner shall not sell or encumber the Property before closing.
16. Conflict of Interest. This Agreement is subject to A.R.S. 38-511 which provides for
cancellation of contracts by The Town of Oro Valley for certain conflicts of interest.
17. Survival of Representation and Warranties. All representations and warranties
contained herein shall survive the closing.
18. Entire Agreement. This signed document shall constitute the entire Agreement between
the parties and no modification or amendment to this Agreement shall be binding unless
in writing and signed by both parties. The performance of this Agreement constitutes the
entire consideration by Town, including all just compensation and severance damages to
the remainder property and shall relieve the Town of all further obligation or claims
relating to Property.
OWIT:ER OWNER
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STATE OF ARIZONA )
PAL Ss
COUNTY OF )
On this I is' day of Oliri kchL- 20 1 1 before me the subscriber personally
appeared r,q.,AQk f -SNEeizAi (krE-711- , to me
known and known by me to be the person(s) who executed the within Agreement and
he/she/they duly acknowledged to me that he/see/they executed the same.
"
Ltanili144 /L.
Notary
• My Commission Expires: Fi2S)2011
TOWN OF ORO VALLEY
r. Satish 1. Hiremath.Mayor
3
ATTEST: APPROVED AS TO FORM:
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%Vie K. Bower, Town Clerk Tobin Rosen. Town Attorney
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Date: ___Lt_ __:,L _u__
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EXHIBIT "A"
LEGAL DESCRIPTION
F ,
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Ov.ner- Frank and Sher. Ann Oreth
PIN NurntNot- 224-'7-78=4i„:
Purp,ose: it
Des:ription: That prion of Lot- 177 of Monte Del Ore, a subdivision in Pima Count .
,ç 7acec,rdin,: to the map or plat thereof of record in the office of the Count) Recorder of
Pima Count. ..Arizona, n hook 27 ,..)1 maps and plats.pa .- being mon: particular!) deseri'P-ed
ommencing at the Sou.0.-::e2si cornet of said Lt:- 77:
Thet-tce South 89 deL.rees OS minutes .7.2 seconds W:est trnea.Aircd)(South 8'4 degrees 39 mincte,,,
1)6 W cst. record ;dont:. the south line or said lot 177. said line also being the
Nt,r-therl rit.2.ht of NA a tie am her 1.1211C at it no‘1/4 exists.a distance of 60.58 feel- Imast.red
:0 poinl of: hecinninil. SLIld r ,,1.. cnL t Southwest crtmer of a drainage and
mainlenance easernem the town of Or Valle , .,:kri.zonaj eo.:Ided. per docket IlS62. paLle
.7,24-4 dated A acts t :70(.0 Pima Colmty, Arizona:
Then.,:e North OS dewees 4 mulutes 15 seconds West tmeasored,(North 08 degrees 18 minutes
secoric'Is r-41 the Wes: line said drainaze and maintenancc casement a
distance of;5.15 ieaslIted)10 LI point:
inec :).0-1,1rh cletlrees 5minutes 32 seconds West trncntsured) a distance of 110,1n; feet
t measured to a point:
Thence South 00 degrees i minutes '8 seconds East (rnea.sured.) a distance of 15.00 feet
measurcdt to a point at theinterst...-etiun with the South tine of saki Lot- 177.said line also beitv
the N ,7-thrlx right of ;is line of Lamb-cri lane as it now exisl.s
Thee North S9 det:rees 08 rr.inutes 32 seconds Last (measured)(North 89 degrees 39 minutes
00 seconds Fast. Retort!) alone the South line of said Lot - 177 a distance of 112i0 feet
z..rneauredl to the,r7vint
,
Containing: I.661)sq. Ct 0.04 acres
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Lembert Lane October 2010
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224-27-2890
Greth Frank (r=40')
8 Shery Ann 224.27-29�
Wolffey Family 1
LivingTR
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LAMBERT LANE 7
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NEW SLOPE EASEMENT FIGURE
ORO VALLEY,AZ S.11
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Kntelson&Associates Inc.
: N`trenspiiiiiiiori Engineering I Planning
EXHIBIT "B"
slope
Easement
Print Form
4.44.144.414444 4.4444144141.
When recorded send to:
Joseph N. Andrews
Chief Civil Deputy Town Attorney
Town of Oro Valley
11000 N. La Canada Drive
Oro Valley. Arizona 85737
SLOPE EASEMENT
Frank and Sherry Greth
Grantors does hereby convey unto the Town of Oro Valley (Grantee), a municipal
corporation of the State of Arizona. a Slope Easement on the Property described in
Exhibit -A-.
The Grantee shall have the right to construct a slope on the above described property.
Grantors waive and release Grantee from all claims for damages or compensation for and
on account of constructing and sloping the above property.
1)at.W this jidavof 0142-Ce . 20 U .
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GrtJhtor 1 Grdmer
STATE71,FARIZONA
1....)11, ) ss
COUNTY OF 41-PrEk
This instrument was subscribed, sworn to. and acknowledged before me this 18
day of a\clizext , 20i .
1
- Niar
1-M4fAit 171
Ptublic
NIN, Commission Expires: qiiS I ZO1 I
GRANTEE
TOWN OF ORO VALLEY
/„,-)41yf
r. Satish 1. Hiremath. Mayor
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ATTEST: APPROVED AS TO FORM:
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ie K. Bower, Town Clerk Tobin Rosen, Town Attorney
Date:___LLLL4LDate:
•
F F:rrf-S.A,V.,11,7 Ag=rivr
EXHIBIT "C"
Title Report
F MV.E7NC,::NEER2,<G CAF 1 AL...-1:10.).:E,(77S FNC-7,.I:T.51,7ND% 7 La..thcri Wziftz,.%
First American Title
1. z-Speciai Report
No. 5320201
SPECIAL REPREPORT
SCHEDULE A
1. This report is for informational purposes only and is not to be considered as a commitment to
issue any form of Title Insurance PolicyThis report is for the sole use and benefit of the parties
set forth in Number 2 below and liability is hereby limited to the amount of the fee paid,
This report was prepared from only those items of public record shown in the title plant indices of
the issuing company to show the condition of title as reflected by same. Those items to which
the hereinafter described land is subject are set forth in Schedule B, Part Two. No attempt has
been made to reflect the condition of title relating to the items set forth in Schedule B, Part One.
2. For the use and benefit of:
Town of Oro Valley
�
The Title to the fee estate in the land described herein is at this date hereof vested in:
Frank Greth and Shery Ann Greth, husband and wife as joint tenants with right of survivorship,
as to Lot 177 of Parcel No. 1; Deloy E. Wolfley and Maria D. Wolfley as Co-Trustees of The
VVomey Family Living Trust dated September 25, 1997, as to Lot 178 of Parcel No. 1; Danny].
Hughes and Donna Lynn Hughes, as Trustees of the"Hughes Family Trust dated February 08,
2007 as to Parcel No. 2 and James A. Hunsberger and Penelope Hunsberger,as Co-Trustees
under the Hunsberger Trust dated December 19, 2001, as to Parcel No. 3
4. The land referred to in this report is situated in Pima County, Arizona and is described as:
SEE EXHIBIT"A" ATTACHED HEREIN
Search made to July 15, 2010 at 7:30 A.M.
FIRST AMERICAN TITLE INSURANCE COMPANY
Br Kim Fmlcheridim ($02)685-7281
First American Title
First American Title
:tit:► 5320201
EXHIBIT"A"
PARCEL NO. 1:
LOTS 177 AND 178, OF MONTE DEL ORO, ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF
THE COUNTY RECORDER OF PIMA COUNTY, ARIZONA, RECORDED IN BOOK 27 OF MAPS, PAGE 99 AND
MINOR PLAT CHANGE RECORDED AS DOCKET 12950, PAGE 550 AND RECORDED AS DOCKET 13794,
PAGE 638.
EXCEPT ALL COAL AND OTHER MINERALS,AS RESERVED IN PATENT FROM UNITED STATES OF
AMERICA.
PARCEL NO. 2:
THAT CERTAIN PORTION OF LOT 187, OF MONTE DEL ORO, A SUBDIVISION OF PIMA COUNTY,
ARIZONA,ACCORDING TO THE MAP OR PLAT THEREOF OF RECORD IN THE OFFICE OF THE COUNTY
RECORDER OF PIMA COUNTY,ARIZONA, IN BOOK 27 OF MAPS AND PLATS AT PAGE 99 AND MINOR
PLAT CHANGE RECORDED AS DOCKET 12950, PAGE 550 AND RECORDED AS DOCKET 13794, PAGE 638
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 187, SAID POINT BEING THE TRUE POINT
OF BEGINNING;
THENCE ALONG THE NORTH LINE OF SAID LOT 187 AT NORTH 85 DEGREES 04 MINUTES 07 SECONDS
EAST, A DISTANCE OF 201.66 FEET,TO A POINT;
THENCE SOUTH 05 DEGREES 20 MINUTES 54 SECONDS EAST, A DISTANCE OF 347.10 FEET,TO A
POINT OF NON TANGENT CURVATURE,WITH THE RADIUS AT NORTH 12 DEGREES 31 MINUTES 17
SECONDS WEST,ON THE SOUTH LINE OF SAID LOT 187 AND ALSO LYING ON THE NORTHERLY RIGHT
OF WAY OF LAMBERT LANE AS IT NOW EXISTS;
THENCE ALONG A CURVE CONCAVE TO THE NORTH ALONG THE NORTH RIGHT OF WAY OF LAMBERT
LANE,WITH A CENTRAL ANGLE OF 05 DEGREES 25 MINUTES 54 SECONDS A RADIUS OF 1,834.86
FEET, AN ARC DISTANCE OF 173.94 FEET TO A POINT OF COMPOUND CURVATURE;
THENCE ALONG A CURVE CONCAVE TO THE NORTHEAST WITH A CENTRAL ANGLE OF 91 DEGREES 45
MINUTES 08 SECONDS A RADIUS OF 25.00 FEET,AN ARC DISTANCE OF 40.03 FEET,TO A POINT OF
TANGENCY LAYING ON THE WEST LINE OF SAID LOT 187 AND THE EASTERLY RIGHT OF WAY LINE OF
PECAN PLACE;
THENCE ALONG THE WEST LINE OF SAID LOT 187 AT NORTH 05 DEGREES 20 MINUTES 54 SECONDS
WEST, A DISTANCE OF 274.16 FEET,TO A POINT OF CURVATURE;
THENCE ALONG A CURVE CONCAVE TO THE EAST, WITH A CENTRAL ANGLE OF 04 DEGREES 37
MINUTES 40 SECONDS EAST,A RADIUS OF 780.00 FEET,AN ARC DISTANCE OF 63.00 FEET TO THE
POINT OF BEGINNING.
EXCEPT ALL COAL AND OTHER MINERALS, AS RESERVED IN PATENT FROM UNITED STATES OF
AMERICA.
PARCEL NO. 3:
First A - 4':' F- PIMA COUNTY,ARIZONA, RECORDED IN BOOK 27 OF MAPS, PAGE 99 AND MINOR PLAT
First American Title
No, 5320201
CHANGE RECORDED AS DOCKET 12950, PAGE 550 AND RECORDED AS DOCKET 13794, PAGE 638.
EXCEPT ALL COAL AND OTHER MINERALS, AS RESERVED IN PATENT FROM UNITED STATES OF
AMERICA.
EXCEPT A PORTION OF THE LAND DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 187, SAID POINT BEING THE TRUE POINT
OF BEGINNING;
THENCE ALONG THE NORTH LINE OF SAID LOT 187 AT NORTH 85 DEGREES 04 MINUTES 07 SECONDS
EAST, A DISTANCE OF 201.66 FEET,TO A POINT;
THENCE SOUTH 05 DEGREES 20 MINUTES 54 SECONDS EAST,A DISTANCE OF 347,10 FEET,TO A
POINT OF NON TANGENT CURVATURE, WITH THE RADIUS AT NORTH 12 DEGREES 31 MINUTES 17
SECONDS WEST, ON THE SOUTH LINE OF SAID LOT 187 AND ALSO LYING ON THE NORTHERLY RIGHT
OF WAY OF LAMBER LANE AS IT NOW EXISTS;
THENCE ALONG A CURVE CONCAVE TO THE NORTH ALONG THE NORTH RIGHT OF WAY OF LAMBERT
LANE, WITH A CENTRAL ANGLE OF 05 DEGREES 25 MINUTES 54 SECONDS A RADIUS OF 1,834.86
FEET, AN ARC DISTANCE OF 173.94 FEET TO A POINT OF COMPOUND CURVATURE;
THENCE ALONG A CURVE CONCAVE TO THE NORTHEAST WITH A CENTRAL ANGLE OF 91 DEGREES 45
MINUTES 08 SECONDS A RADIUS OF 25.00 FEET, AN ARC DISTANCE OF 40.03 FEET,TO A POINT OF
TANGENCY LAYING ON THE WEST LINE OF SAID LOT 187 AND EASTERLY RIGHT OF WAY LINE OF
PECAN PLACE;
THENCE ALONG THE WEST LINE OF SAID LOT 187 AT NORTH 05 DEGREES 20 MINUTES 54 SECONDS
WEST,A DISTANCE OF 274.16 FEET,TO A POINT OF CURVATURE;
THENCE ALONG THE CURVE CONCAVE TO THE EAST, WITH A CENTRAL ANGLE OF 04 DEGREES 37
MINUTES 40 SECONDS EAST,A RADIUS OF 780.00 FEET,AN ARC DISTANCE OF 63.00 FEET TO THE
TRUE POINT OF BEGINNING.
First American Title
•
First American Title
'. o. 5320201
SCHEDULE B
PART ONE:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could
be ascertained by an inspection of the land or by making inquiry of persons in possession
thereof.
3. Easements, hens, or encumbrances, or claims thereof, which are not shown by the public
records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts
which a correct survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c)water rights, claims or title to water; whether or not the aforementioned
matters excepted are shown by the public records.
6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
7. Lack of a right of access to and from the land.
First American Title
•
First American Title
Vic', 5320201
SCHEDULE B
(All recording data refers to records in the office of the County Recorder in the County in which the land
is situated.)
EXCEPTIONS:
1. Taxes for the full year of 2010.
(The first half is due October 1, 2010 and is delinquent November 1, 2010. The second half is
due March 1, 2011 and is delinquent May 1, 2011.)
2. Any charge upon said land by reason of its inclusion in Monte Del Oro Homeowners Association.
3. The right to enter upon said land and prospect for and remove all coal, oil,gas, minerals or other
substances,as reserved in the Patent to said land.
4. Easements, restrictions, reservations, conditions and set-back lines as set forth on the plat
recorded as Book 27 of Maps, Page 99, but deleting any covenant, condition or restriction
indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap,
familial status or national origin to the extent such covenants, conditions or restrictions violate 42
USC 3604(c).
Thereafter Minor Plat change recorded as Docket 12950, Page 550 and recorded as Docket
13794, Page 638.
5. Covenants, conditions and restrictions in the document recorded as Docket 5981, Page 132;
document recorded as Docket 6252, Page 570 and amended as Docket 7155, Page 225, but
deleting any covenant, condition or restriction indicating a preference, limitation or discrimination
based on race, color, religion, sex, handicap, familial status, or national origin, to the extent such
covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes.
6. The terms, conditions and provisions contained in the document entitled 'Agreement"
recorded June 04, 2010 as Docket 13823, Page 556.
(Affects Lot Nos. 177, 178 of Parcel No. 1)
7. All matters as set forth in Resolution No. (R)02-60, recorded August 13, 2002 as Docket 11862,
Page 3248.
(Affects Lot No. 178 of Parcel No. 1)
8. All matters as set forth in Lambert Lane Right of Way Retracement Survey, recorded as Book 71
of Surveys, Page 1.
First American Title
•
First American Title
No, 5320201
(Affects Lot Nos. 2 and 3)
10. An easement for drainage, maintenance and incidental purposes, recorded as Docket 11862,
Page 3244.
(Affects Lot No, 177)
11. An easement for right of way and incidental purposes, recorded as Docket 6008, Page 928.
12. An easement for communications facilities and incidental purposes, recorded as Docket 9833,
Page 1216.
(Affects Lot No, 3)
13. A Deed of Trust to secure an indebtedness of$317,500.00, recorded December 11, 2007
as Docket 13199, Page 3619.
Dated: December 10, 2007
Trustor: Frank Greth, Sherry Ann Greth, husband &wife
Trustee: JPMorgan Chase Bank, N.A.
Beneficiary: Mortgage Electronic Registration Systems, Inc and JPMorgan Chase
Bank, N.A.
(Affects Lot No. 177 of Parcel No. 1)
14. A Deed of Trust to secure an indebtedness of$354,907.00, recorded June 27, 2008 as Docket
13337, Page 486.
Dated: June 20, 2008
Trustor: Deloy E Wolfley and Maria D Wolfley, husband and wife and Rodney M
Wolfley, an unmarried man
Trustee: Lawyers Title of Arizona, Inc., an Arizona corporation
Beneficiary: Mortgage Electronic Registration Systems, Inc and GMAC Mortgage, LLC
f/k/a GMAC Mortgage corporation
(Affects Lot No. 178 of Parcel No. 1)
15. A Deed of Trust to secure an indebtedness of$105,050.00, recorded February 26, 2007
as Docket 12999, Page 2169.
Dated: February 05, 2007
Trustor: Danny J. Hughes and Donna Lynn Hughes, husband and wife and Floyd
Hughes, a single man, by Danny J. Hughes, his/her attorney in fact,
whose power of attorney is attached hereto,joint tenants with full rights
of survivorship
Trustee: Title Source, Inc.
Beneficiary: Mortgage Electronic Registration System, Inc and Quicken Loans Inc.
(Affects Parcel No. 2)
First American Title
First American Title
No. 5320201
16. A Deed of Trust to secure an indebtedness in a Revolving Loan Agreement with a credit limit in
the principal amount of$100,000.00, together with any and all other obligations secured thereby,
recorded June 24, 2008 as Docket 13334, Page 2843.
Dated: February 08 2007
Trustor: Danny]. Hughes and Donna Lynn Hughes, trustees of the Hughes
Family Trust dated February 8, 2007
Trustee: U.S. Bank Trust Company National Association
Beneficiary: U.S. Bank National Association N,D.
(Affects Parcel No. 2)
17. Water rights, claims or title to water, whether or not shown by the public records.
End of Schedule B
First American Title